Circlepix Terms and Conditions

Terms and Conditions

Please read these terms and conditions carefully before using the services described below. By using these services, you acknowledge that you have agreed to become a party to and legally bound by these terms and conditions. If you do not wish to be bound by these terms and conditions, you may not access or otherwise use these services.

PIXphotography: General Information

The Slideshow Package consists of up to 25 still images. The Economy Package consists of 5 panoramic images and 12 still images. The Standard Package consists of 5 panoramic images and 25 still images. The Master Package consists of 10 panoramic images and 35 still images. If neither agent nor homeowner is present at the time the property is photographed, and the agent has made no prior requests regarding shot selection, the shots taken will be at the discretion of the photographer. Circlepix claims no responsibility for the photographer's selection of shots except in cases of extreme negligence. It is the agent's responsibility to prepare the property for the photographer; the home/property should be in "open house" ready condition. Circlepix does its best to provide coverage in all major metropolitan areas, and to provide the best coverage nationwide. However, there are some areas in which coverage is not readily available. In these areas, Circlepix will try to find a nearby photographer who is available to shoot the property. These photography appointments may have an additional "drive fee" assessed to cover the photographer's gas, vehicle wear-and-tear, and drive time. Clients will be notified either at the time of ordering or before the fee is assessed and before the property is photographed, either via email or phone, and will have the option of paying the fee or canceling the photography shoot. Clients are responsible for paying these drive fees if the property is to be shot--Circlepix will not waive drive fees. Once the images are processed, they will be posted to a unique Property Site. The URL to the Property Site will be sent to the email address provided to Circlepix. This URL can be freely used to create a link from your own personal website. Circlepix is not responsible for emails not received. To lower the chances of your Circlepix emails being mistakenly marked as "spam" or "trash,” we strongly recommend that you add support@circlepix.com to your address book. Circlepix will display each image on the Property Site unless Circlepix deems it to the agent's or homeowner's best interest to not exhibit a particular image. This may be the result of poor lighting, bad weather, decrepit or unclean room or scene, etc. No refunds will be issued for properties that have already been photographed, but not yet posted. Similarly, if a listing has sold and the pictures have already been taken by the photographer then no refund will be granted. Six-Packs and other promotional packages are not refundable, except as outlined below. Agent will not receive a full refund for the promotional package if part of the package has already been used. If the agent does not list exclusively in an area in which Circlepix had coverage at the time of purchase but no longer has coverage, or if the agent orders a PIXphotography package outside of Circlepix's regular coverage area, the agent will be responsible for any applicable drive fees. Unused prepaid packages expire 3 years from the date of purchase. A Property Site will be published only upon receiving required information as specified at time of scheduling. This information includes but is not limited to: MLS number, price, address, square footage, and the number of bedrooms and bathrooms. Circlepix is not responsible for any delays that are the result of missing or incorrect information. The Property Site will become inactive after 12 months. The Property Site can be reactivated at any time for a fee. All prices advertised on Circlepix.com are for residential real estate agents only. Commercial pricing and 'For Sale By Owner' pricing can be found by calling Circlepix toll-free at 1-877-390-6630 during normal business hours. Commercial photography includes any building, lot, or unit that is either a.) not residential real estate for sale or b.) not a residential unit for a long-term lease (for example, a vacation rental would be considered a commercial property, but a home that is being rented with a 1 or 2 year lease would be considered a residential property). All images and media are the sole property of Circlepix. Circlepix reserves all rights to these images, media and content. All images and media will be made available to client, regardless of listing status.

PIXphotography: Cancellation Policy

The following events will result in a cancellation fee: The agent or homeowner must be present at the scheduled time of the photography shoot, unless otherwise arranged with Circlepix. The home must be clean and presentable at the scheduled time of the photography shoot. The client must provide the valid address of the property at time of purchase. Any cancellations due to weather except for extreme circumstances such as a flood, fire, earthquake, etc., may result in a cancellation fee. A client may reschedule a photography shoot but must do so more than 24 hours prior to the originally scheduled time or they will be assessed a cancellation fee. A client may substitute one property for another property in the same area, but must do so more than 4 business hours prior to the originally scheduled time or they will be assessed a cancellation fee. The Circlepix photographer will photograph the property as-is. That is, he/she will not move objects, straighten or dust objects, open or shut windows or doors, etc. The photographer will, however, turn lighting on or off and open or shut blinds if it results in better images. Once the photographer has photographed a property, the photography shoot may not be cancelled. The client will be charged the full price of the photography shoot. If an agent is not happy with the photographs taken of the property, he or she may request a reshoot within 30 days of ordering PIXphotography. The photographer will come and take pictures of the same property for a nominal "reshoot fee.” After 30 days, the full package price will be charged. Circlepix reserves all rights to update these Terms and Conditions at any time.

PIXphotography: Lead Generation

Each Property Site has the ability to generate leads for you by activating a lead generation option. To have this option activated, login at Circlepix.com or call our customer service department. When activated, the Property Site will require all viewers to register their name, phone number, and email address before they can view the property. With the order of each photography package, agent will be given a free 24-hour home information line and extension; there will be no charges for the extension, minutes, calls, or number. Optional upgrades are available for an additional fee. Finally, WE MAY USE ANY INFORMATION THAT has been COLLECTED through the lead capture system, "captured leads,” FOR ANY LEGALLY PERMISSIBLE PURPOSE, INCLUDING SELLING OR TRANSFERRING SUCH INFORMATION AT ANY TIME TO THIRD PARTIES FOR ANY LEGALLY PERMISSIBLE PURPOSE. All leads captured through the 24-hour home information line and all leads captured through the Property Site registration page are the sole property of Circlepix.com, LLC. Agent may use these leads for professional real estate purposes but may not sell or share these leads with anyone. Agent’s personal information will be kept private; Circlepix will never sell, or share agent’s personal information.

PIXmarketing Membership (formerly STAR Marketing)

All PIXmarketing memberships are available on recurring annual or month-to-month memberships. Agents on the month-to-month membership platform will have their credit card charged on the anniversary of their start date until Circlepix receives notice of membership cancellation. (If billing date occurs on the 29th through the 31st of the month, account will be billed on the 28th of each subsequent month.) Agents on an annual membership will have their credit card charged on the annual anniversary date of their membership; this will continue until Circlepix receives notification of membership cancellation. To cancel, please call 1-877-390-6630 during normal business hours and ask to speak with a customer service representative. Any unused portion of a prepaid membership is nonrefundable. All PIXmarketing memberships are priced for one agent. Agent agrees not to use membership for anyone other than himself or herself. There are additional fees for team members. Each additional team member will be charged the full price of an additional membership. Please call Circlepix to order for a team. All agents’ listing data provided either by automated data communication or manual upload to Circlepix will be entered into the PIXmarketing service. Agents are responsible for any and all uploaded content. Agent agrees to upload appropriate and applicable images only. Personal images are not considered acceptable. Any image that Circlepix deems to be inappropriate will result in a deactivation of that particular property’s media. Agent is responsible for any issues, legal or otherwise, that result from images posted to the PIXmarketing service. Agent agrees to be held responsible for all posted information on all media and agrees to not place, or allow anyone using the account (such as a team member) to place copyrighted material in the PIXmarketing service without the permission of the copyright owner. PIXmarketing media shall remain active on the Internet as long as an agent's membership is active. Once a membership has been cancelled, all existing PIXmarketing media will become inactive. All PIXmarketing Listings will be available to be used in the PIXsocial platform as Marketplace Listings. These listings are added to our Marketplace Pool to be marketed on other agents' social media pages. If agent does not want his/her listings included in the Marketplace Pool, it is his/her responsibility to remove the “Expand your reach” permission in the Circlepix back office. Property Sites will be linked to any website that Circlepix has an automated relationship with (see linking below), as long as a valid MLS number is provided. A Property Site will be linked to Realtor.com only if a valid MLS number is provided to Circlepix. Circlepix is not responsible for delays in linking to Realtor.com for factors outside its control, such as contradicting information between Circlepix and Realtor.com. Linking to Realtor.com or other third party sites will be free unless third party assesses a fee to Circlepix. Agent will be provided with links, both branded and MLS-compliant, and may manually link their Property Site to other websites. Other than those sites that Circlepix automatically links to or to which linking kits have been purchased, Circlepix accepts no responsibility for the linking of your Property Site. Any PIXmarketing member activating media for other agents will have their accounts immediately terminated. Accounts may not be shared. Circlepix reserves all rights to update these Terms and Conditions at any time.

PIXsocial Membership

PIXsocial provides automated social media marketing for real estate professionals. All PIXsocial memberships are available on recurring annual or month-to-month billing. Agents on the month-to-month membership platform will have their credit card charged on the anniversary of their start date until Circlepix receives notice of membership cancellation. (If billing date occurs on the 29th through the 31st of the month, account will be billed on the 28th of each subsequent month.) Agents on the annual membership will have their credit card charged on the annual anniversary date of their membership; this will continue until Circlepix receives notification of membership cancellation. To cancel, please call 1-877-390-6630 during normal business hours and ask to speak with a customer service representative. Any unused portion of a prepaid membership is nonrefundable. All PIXsocial memberships are based on single agent pricing and functionality. Agent agrees not to use individual membership for anyone other than himself or herself. Additional team members are required to pay full membership fees. Please call Circlepix to order for a team.

PIXsocial provides agents with My Content and Marketplace Listings for their Facebook, Twitter and LinkedIn profiles and pages.

MY CONTENT is a continuously growing collection of real estate-related articles that are procured by the Circlepix's marketing team. PIXsocial will automatically post My Content on behalf of the agent up to four times per week to the desired social media accounts according to the agent's set preferences.

MARKETPLACE LISTINGS are local listings of PIXmarketing users who have authorized Circlepix to allow other PIXsocial users to represent their listing on social media on their behalf. The listing agent's name, brokerage and contact number are clearly displayed. PIXsocial will post at random a different local listing up to seven times per week (max posting is one per day depending on listing availability).

Both My Content and Marketplace Listings incorporate voluntary lead-generating systems. To cancel any auto-renewal, please call 1-877-390-6630 during normal business hours and ask to speak with a customer service representative. Circlepix reserves all rights to update these Terms and Conditions at any time.

Circlepix Free Trials

Free Trials may be issued in varying lengths for various products. At the end of any free trial of any length, regular applicable membership dues will be automatically charged to the agent’s credit card on file according to membership terms.

Third Party General Linking Information

Listing information must be on third party site before Circlepix can post a Property Site URL. It is the agent's responsibility to get each listing on third party sites.

Circlepix must have required listing information before Circlepix can post Property Sites to requested websites (i.e. correct MLS number and address of home).

Circlepix only sends Property Site URLs, and is not responsible for getting still images to MLS systems or other websites. Circlepix sends the Property Site URL to other third party sites, and is not responsible for the reliability of third party servers. When Circlepix sends Property Site URLs to third party sites, it can take up to 72 hours before data is reflected on third party sites. Circlepix can link Property Sites to personal websites with required login information. It is the agent's responsibility to ensure that the Property Site has been linked to all requested websites. Circlepix is not responsible for any delays or problems with linking. If a Property Site has not been linked to a requested website, agent should immediately contact Circlepix to resolve linking issues. Circlepix will post Property Sites to MLSs according to MLS rules and regulations concerning Property Site format. Circlepix is not responsible for problems concerning the MLS. If Circlepix is not automated with the MLS an agent lists with, it becomes the agent's responsibility to post the Property Site on the agent's MLS. If agent needs help linking a Property Site, please contact your MLS tech support. Circlepix cannot assume responsibility for problems arising with the MLS.

Circlepix Self-Serve Memberships

Self-serve memberships have now been transitioned into PIXmarketing memberships and will be governed under PIXmarketing Terms and Conditions.

Circlepix Domain Names

Domain names purchased through Circlepix will remain active for one year or until the Property Site associated with the domain name becomes inactive, whichever comes first. Due to the unique nature of this product, all domain name sales are final and are nonrefundable. Agents that have purchased a domain name through Circlepix may transfer that domain name to another one of their Property Sites for a fee. Domain names can not be transferred to other real estate agents. Circlepix is not responsible for expired domain names. Any domain name that has expired will be governed by the Terms and Conditions of the issuing registrar. All domain names will be registered to Circlepix.com.

Taxes

All Brokerages and Agents ("Customers") shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state, local or foreign governmental entity on any amounts payable by Customers hereunder; any such taxes, duties and charges currently assessed or
which may be assessed in the future, that are applicable to the Services provided are for Customer’s account, and Customer hereby agrees to pay such taxes.

Circlepix reserves all rights to update these Terms and Conditions at any time.